Marchman Act Attorney Florida: Adult Son Denies Drug Use
Your adult son says he doesn’t have a drug problem, and you can see that he does. You’ve paid for treatment, tried talks and boundaries, and still got the call from a hospital or police station.
If you’re asking whether Florida law can help, the short answer is yes, in some cases. The Marchman Act lets a family ask a court for assessment and treatment, even when the adult insists he’s fine. Whether it fits your family depends on the facts.
When your son says he does not have a drug problem
Hearing “I’m fine” while things get worse is exhausting and frightening. You may have spent years on treatment bills, interventions, and boundaries that never held. A recent overdose, relapse, or arrest may have pushed you to look for another way.
Your deepest fear is probably the call you can’t stop from coming: an overdose, an arrest, or a night when he disappears.
This page explains your options in plain language. It won’t replace advice about your own situation, but it can help you see your choices clearly and ask better questions.
Why denial makes these talks so hard
Denial keeps conversations going in circles, and it doesn’t settle whether help is needed. A person can be seriously struggling and still insist nothing is wrong. Each talk can end in the same argument, and you walk away more worried than before.
Florida law addresses this directly. Under Fla. Stat. § 397.675, mere refusal of services is not, by itself, evidence of lack of judgment about the need for them. Your son’s “no” doesn’t end the question.
Denial also doesn’t prove you are misreading what you see. The Florida Department of Children and Families says vulnerable adults with the capacity to consent may refuse services and interventions. That’s why a legal route is a separate question from whether he’s willing.
What you can do now, before any court is involved
Start with calm, specific talks and a written record. These two steps help you now, whatever your son decides.
Calm talks focus on what you saw and when, not on labels like “addict” or “liar.” Name one concrete worry. Say what you will do, then follow through.
Several steps help right away:
- Keep naloxone in the home. Make sure everyone who lives with you knows how to use it.
- Stop covering for consequences where it’s safe. Paying his bills or calling in sick for him can shield him from the results of his use.
- Avoid funding use directly. You can still say “I love you” while you decline to hand over cash.
- Write it down. Note dates, incidents, hospital and emergency visits, and changes in behavior. A clear record helps you think clearly and helps any lawyer or court that reviews your case.
These steps don’t replace a court process, and they can’t force treatment. They do protect your household while you decide what comes next.
How Florida’s Marchman Act may apply to an adult child
The Marchman Act is a Florida court process for people with substance abuse impairment. Under Fla. Stat. § 397.675, the person must have lost the power of self-control with respect to substance use. The law also requires one of several serious findings, such as a real threat of harm.
Who can file a petition for an adult is set out in a different section, Fla. Stat. § 397.68112; § 397.675 sets out the criteria for involuntary admission. Under Fla. Stat. § 397.68112, for an adult respondent, a spouse, legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment may file. The petition lays out your reasons and facts under Fla. Stat. § 397.68141.
In Miami-Dade, the Miami-Dade Clerk of Court directs these petitions to the Clerk’s Office Probate Court. Your son has a right to a lawyer at every stage, under Fla. Stat. § 397.681, though he may waive that right if he is present and the court finds the waiver is knowing, intelligent, and voluntary.
The court must schedule a hearing within 10 court working days unless it grants a continuance, under Fla. Stat. § 397.68151. If the court finds the conditions proved by clear and convincing evidence, it may order up to 90 days of treatment, under Fla. Stat. § 397.697. This is a court process with notice, a hearing, and rules. It is not a quick fix.
Signs it may be time to look at legal options
Look at legal options when the danger keeps returning and offers of care keep getting refused. A pattern tells you more than any single bad day.
Warning signs include:
- Repeated overdoses, hospital stays, or emergency visits tied to drug use.
- Threats to himself or others, or dangerous driving while impaired.
- Legal trouble that keeps repeating.
- Disappearance, homelessness, or refusal of every offer of care while his condition gets worse.
These signs match the statute’s focus on lost self-control and real risk of harm. For more detail, read the signs it’s time to file guide.
A court order can also carry consequences beyond treatment. Know this before a case moves forward.
Talk with Robinson Casey about your family’s situation
Your next step is deciding whether a petition fits your family’s facts. Robinson Casey is a Florida law firm that focuses on Marchman Act petitions and guardianship matters, serving South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.
For a broader overview, see the Marchman Act attorney guide.
Common questions
Can a court order treatment for an adult son in Florida?
Yes, in some cases. A court may order up to 90 days of involuntary treatment if the criteria are proved by clear and convincing evidence.
Does my son have to admit he has a problem?
No. The petition rests on the petitioner’s reasons and facts, not on the respondent’s admission.
Can a parent file a petition?
Yes. Florida law allows any relative to file for an adult, under Fla. Stat. § 397.68112.
If your son’s denial has you stuck, a free, confidential first consultation with no obligation to continue is available. Reach out through our contact page or call (561) 849-4149 to talk through your family’s situation.